Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

The normative figure in Western feminism remains the liberal autonomous individual of modernity. ‹Other’ women are those who have their freedom to choose restricted. Typically, ‹other’ women are those burdened by culture and hindered by their communities from entering modernity. If we remain in the terrain of thinking about women as vulnerable or imperilled, and some women as particularly imperilled, as we generally do of Muslim women, we remain squarely within the framework of patriarchy understood as abstracted from all (...) other systems. A modernity/premodernity distinction will continue to invade any projects intending to help Muslim women. This paper shows the persistence of the modernity/premodernity distinction in contemporary debates around applying Sharia law to the settlement of family law disputes under the Arbitration Act in Ontario, Canada. I argue below that in their concern to curtail conservative and patriarchal forces within the Muslim community, Canadian feminists (both Muslim and Non-Muslim) utilized frameworks that installed a secular/religious divide that functions as a colour line, marking the difference between the modern, enlightened West, and tribal, religious Muslims. I suggest that feminist responses might have helped to sustain a new form of governmentality, one in which the productive power of the imperilled Muslim woman functions to keep in line Muslim communities at the same time that it defuses more radical feminist and anti-racist critique of conservative religious forces. I end by exploring how this effect could have been restricted. (shrink)

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.

This article considers an international sample of venture capital and private equity funds to assess the role of law, corruption, and culture in setting fund manager fees. With better legal conditions, fixed fees are lower, carried interest fees are higher, clawbacks are less likely, and share distributions are more likely. Countries with lower levels of corruption have lower fixed fees and higher performance fees, and are less likely to have clawbacks and cash-only distributions. Hofstede's measure of power distance is (...) negatively related to fixed fees and the use of cash-only distributions, but positively related to performance fees and clawbacks. Overall, the data strongly indicate that corruption, culture, and legal settings are much more significant in determining fees than fund manager characteristics and/or market conditions. (shrink)

This paper considers an international sample of venture capital and private equity funds to assess the role of law, corruption and culture in setting fund manager fees in terms of their fixed management fees, carried interest performance fees, clawbacks of fees and cash versus share distributions of fees. The data highlight a role of legal conditions in shaping fees paid to fund managers. In countries with better legal conditions, fixed fees are lower, carried interest fees are higher, clawbacks are (...) less likely, and share distributions are more likely. These findings suggest legal conditions help to align the interests of managers and shareholders. More specifically, we examine which element of legal conditions matter most, and discover that corruption levels play a pronounced role in shaping fund manager fee contracts. We also show that cultural forces such as Hofstede's measures of power distance and uncertainty avoidance likewise play a role in influencing fees. (shrink)

This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of abortion (...) law and the rights of the disabled but implicating a broader set of cross-cultural issues; and the education of U.S. health care providers and lawyers in the theory and practice of cultural competency. (shrink)

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of (...) evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

Advances in medicine in the latter half of the twentieth century have dramatically altered human bodies, expanding choices around what we do with them and how they connect to other bodies. Nowhere is this more so than in the area of reproductive technologies. Reproductive medicine and the laws surrounding it in the UK have reconfigured traditional boundaries surrounding parenthood and the family. Yet culture and regulation surrounding RTs have combined to try to ensure that while traditional boundaries may be (...) pushed, they are reconstructed in similar ways. This paper looks at the most recent RT to be permitted in the UK, mitochondria replacement therapy. Despite controversial media headlines surrounding the technique, MRT is in fact an example of how science and regulation seek to expand models of traditional relatedness in a way that doesn’t challenge the existing order. Yet, like other RTs, while attempts are made to ensure it doesn’t push traditional boundaries too far, fissures and inconsistencies appear in law and culture, which give interesting insights into how genetics, parentage and identity are being mediated in new but familiar ways. (shrink)

Abstract This essay draws upon Gramsci?s understandings of law and of the philosophy of praxis to develop a critical analysis of international law in the constitution and potential revolutionary transformation of the contemporary global political economy. The analysis illustrates the analytical utility of Gramscian conceptions of historical bloc and hegemony in capturing the significance of international law as an effective historical force. It also extends these conceptions, theoretically, by arguing that the global political economy is undergoing a process of juridification (...) in which a commodified legal form provides the template for economic and political regulation. The commodity form theory of law is presented as the key to understanding the significance of international law under the culture of global capitalism. (shrink)

Despite the fact that corporate law firms attract some of the most intelligent and productive minds in business today, they have failed to cultivate a workplace that facilitates healthy and balanced lives for their practitioners. Workplace stress in the sector is manifest in a culture which continues to sanction 'rite of passage' work practices which bolster earnings for those at the apex but are proving sickening to many. This culture inhibits basic ethical human interaction based on decency and (...) respect and cultivates oppression through fear of failure. Not surprisingly then, bullying is tolerated and lawyer attrition is rife, particularly for junior women lawyers. This article considers the impact of bullying in Australian corporate law firms. Foucauldian thought is utilised in order to better understand first, how the organisational culture in major law firms continues to authorise practices which prove injurious to practitioners' health and secondly, the resulting lawyer attrition. It is argued that the 'disciplinary technologies' being adopted by management function to assure an economy of power relations which not only facilitates conformity with the values and imperatives of the firm but also, the quelling of subversion and resistance to its effects. Standpoint theory is adopted to examine the workplace harms being borne by junior lawyers through a narrative 'Snapshot' of the experience of a female, mature-aged, junior lawyer working as a solicitor at a top tier Australian corporate law firm. Her detailed account illuminates recent quantitative empirical research into the experiences of Australian women lawyers and lays bare the culture of fear and workings of power, violence and marginalisation within the firm. (shrink)

A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the most primitive manifestation of a fundamental legal choice: the balance between the protection of the owner’s property rights and the enhancement of the buyer’s reliance on contracts. (...) We test four prominent theories: functional equivalence, legal origins, political economics and cultural economics. We find that a culture of self-reliance is the key determinant of comparative variation in this area of law. (shrink)

This article explores the use of imagery drawn from the legal sphere to describe intertextual relations in Roman culture, drawing attention to the interconnected nature of contemporary debates on ownership and private property in law and literary criticism. Taking as my starting point a remark by Seneca the Elder on Ovid’s “borrowing” of Virgil’s text , I show how the distinction often invoked between legitimate imitation and literary theft is explained by a deep-seated and multi-faceted analogy between literary and (...) legal judgment. Moreover, I show how the use of legal metaphors derives special meaning from the context of Seneca’s work, in which readers are asked to judge both the legal and the literary merits of the cases presented. (shrink)

The Soul of a Nation is a series of essays on American society’s culture, morality, law, education, and faith: subjects that confront our society and will be of interest to citizens and scholars who have studied its political drift in recent years.

The Soul of a Nation is a series of essays on American society’s culture, morality, law, education, and faith: subjects that confront our society and will be of interest to citizens and scholars who have studied its political drift in recent years.

When international relations scholars think about international law they either ignore culture or offer highly deterministic accounts of its role. For the majority of scholars, international law is a rational construction, an institutional solution to the problem of order in an anarchical system, a body of rules and practices that reflect the contending interests and capabilities of major states. Issues of culture barely rate a mention. For others, culture is the deep foundation of international law, the structuring (...) “mentality” that gives law its form and content. International law, from this perspective, is a Western cultural artifact, globalized through centuries of imperialism and hegemony. These contrasting views lead to different expectations about the future of international law in today's culturally diverse international order. For rationalists, law's fate will be determined by the shifting configuration of interests that accompany new functional challenges and great power transitions. For the more culturally attuned, there are two possibilities. One is that functional utility will replace culture as law's foundation. International law may well be a Western cultural artifact, but “rational buy-in” will sustain it in a multicultural world. The other, more pessimistic, expectation is that the rule of international law will be fundamentally undermined by cultural diversity, particularly as rising non-Western powers articulate and promote markedly different cultural norms and values. (shrink)

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those (...) communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach. (shrink)

Recent critics have called attention to the alienation of contemporary academics from broad currents of intellectual activity in public culture. The general complaint is that intellectuals are finding a professional home in institutions of higher learning, insulated from the concerns and interests of a wider reading audience. The demands of professional expertise do not encourage academics to work as public intellectuals or to take up social, literary, or political matters in imaginative and perspicuous ways. More problematic is the relative (...) absence of religion in the writings of those who aspire to work as public intellectuals. This essay reviews recent attempts by William Dean, Cornel West, Jean Bethke Elshtain, Stephen Carter, and Robin Lovin to remedy the problem of academic alienation and to address the place of religion in American life. (shrink)

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. It also (...) explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

Staying for an answer : the untidy process of groping for truth -- The same, only different -- The unity of truth and the plurality of truths -- Coherence, consistency, cogency, congruity, cohesiveness, &c. : remain calm! don't go overboard! -- Not cynicism, but synechism : lessons from classical pragmatism -- Science, economics, "vision" -- The integrity of science : what it means, why it matters -- Scientific secrecy and "spin" : the sad, sleazy story of the trials of remune (...) -- Truth and justice, inquiry and advocacy, science and law -- Trial and error : the Supreme Court's philosophy of science -- An epistemologist among the epidemiologists -- Fallibilism and faith, naturalism and the supernatural, science and religion -- The ideal of intellectual integrity, in life and literature -- After my own heart : Dorothy Sayers's feminism -- Worthwhile lives -- Why I am not an oxymoron -- Formal philosophy? : a plea for pluralism. (shrink)

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...) applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)